GORAKH NATHN PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants are the Plaintiffs who have preferred the instant appeal against the judgment and decree passed in Title Appeal No. 17/2009 affirming the judgment and decree of dismissal of Title Suit No. 15/1994.

(2.) The plaintiffs filed the suit for declaration of rights, title and possession of the land pertaining to Plot No. 35 under Khata No.2 and land of Plot Nos. 43 and 45 under Khata No. 16 of village- Cheriahan which was recorded as Gairmazarua Malik land during last cadastral survey.

(3.) The claim of title by the plaintiff over the suit land is founded on the plea that Most. Dhanwanti Kunwar W/O of Late Dinesh Pathak got the suit land reclaimed by her sons. The rent was assessed by the C.O. Manjhiaon and was realised from the date of vesting. Most. Dhanwanti Kunwar died leaving behind the plaintiffs and daughter Bacho Devi who relinquished her interest in favour of plaintiffs and they came in possession of all the properties. The plaintiffs applied for mutation which was allowed in Mutation Case No. 568/88-89. The Jamabandi ran up to 1993 when the Additional Collector, Garhwa cancelled the demand on the petition filed by Uma Shankar Pathak and his brother in Misc. Case No. 90/88-89. Plot No. 44 under Khata No. 1 was Bakasht Land of the ex-proprietor Bhaiya Rudra Pratap Deo and after his death his son succeeded to the estate who by registered sale Deed No. 2070 dtd. 1/4/59 transferred the land to the plaintiff. Plot Nos. 45 and 44 have been amalgamated with Plot No. 281 of village Bakoia. The name of Most. Dhanwanti Kunwar was mutated by Mutation Case No. 280/59-60. The wrong demand that was created in favour of Rajeshwar Choubey earlier was corrected in the name of Dhanwanti Kunwar which has been annulled by A.C., Garhwa. Resultantly, C.O., Manjhaion has wrongly struck of the name of plaintiff with respect to the Plot No. 44 which was not the order of defendant no.2.